Oprah Loses “Own Your Power” Trademark Skirmish

Everyone knows Oprah Winfrey. Attractive, eloquent and charismatic, she’s a brand unto herself. However, she recently came out on the short end of the stick in a trademark dispute with Simone Kelly-Brown, the owner of the registered service mark “Own Your Power.” Oprah’s media empire had used this phrase in a number of publications, at … More Oprah Loses “Own Your Power” Trademark Skirmish

Right of Publicity Trumps 1st Amendment in Hart Case

In a precedential decision, the Court of Appeals, 3rd Circuit, reversed a New Jersey District Court that had granted a Summary Judgment to Defendant Electronic Arts, Inc. “EA” in a video game dispute with the Plaintiff, former Rutgers quarterback, Ryan Hart.  Hart played for Rutgers from 2002-2005 taking the Scarlet Knights to the Insight Bowl … More Right of Publicity Trumps 1st Amendment in Hart Case

Defendant Prevails In Trademark Lawsuit Over Keyword Advertising

Google sells keywords to advertisers that involve the trademarks of competitors often bringing rise to claims for trademark infringement. The latest case attesting to the futility of bringing suits on this basis is General Steel v. Chumley where the Federal District Court in Colorado sided with the Defendant on the trademark claims based on keyword … More Defendant Prevails In Trademark Lawsuit Over Keyword Advertising

Frito Lay Scooped On Infringement Claims

Defendants Medallion Foods, Inc. and Ralcorp Holdings, Inc. scored a jury verdict against Plaintiff Frito Lay on a variety of infringement claims. The Frito Lay claims were for trademark infringement, trade dress infringement, unfair competition and dilution under the United States Trademark (Lanham) Act, 15 U.S.C. § 1051, et seq. (as amended); and for patent … More Frito Lay Scooped On Infringement Claims

Limited Copyright Assignment For Lawsuit Not Valid

According to the Court of Appeals Ninth Circuit, Plaintiff did not have standing, the legal jurisdictional requirement necessary to sue the alleged copyright infringing Defendants in the case of Righthaven LLC v. Hoehn. Plaintiff Righthaven LLC was founded, according to its charter, to identify copyright infringements on behalf of third parties, receive “limited, revocable assignments” … More Limited Copyright Assignment For Lawsuit Not Valid

Gender Discrimination Claims Trump Dismissal For Cause

The 2nd Circuit last week reversed a summary judgment dismissal of Plaintiff’s Claims for gender discrimination, sexual harassment and retaliatory dismissal. In Mihalik v. Credit Agricole Cheuvreux North America, Inc. the Court found that although evidence of Plaintiff’s poor work performance supported her termination, there was also sufficient evidence of a hostile work environment such that a … More Gender Discrimination Claims Trump Dismissal For Cause

Stored Communications Act Update: Yahoo Wins Appeal

The Stored Communications Act “SCA” prevents unlawful access to stored electronic communications to promote freedom of expression and enhance subscriber privacy. The penalty for failing to comply with the SCA can result in a fine and/or imprisonment not to exceed 5 years for the 1st offense. There are exceptions permitting disclosure for a variety of … More Stored Communications Act Update: Yahoo Wins Appeal

Don’t Trust Your Lawyer’s Billing?

That’s how the Viewabill post, http://venturebeat.com/2013/04/13/dont-trust-your-lawyers-billing-try-viewabill/, in VentureBeat began. Even if viewabill is a reliable software product encouraging billing transparency, I can’t help wondering why a client would even consider using a law firm that can’t be trusted to render an honest and accurate account. Of all the trusted advisor relationships that of attorney-client should … More Don’t Trust Your Lawyer’s Billing?

Broadcasters Lose Their Copyright Infringement Appeal

Plaintiffs ABC and WNET head a list of Broadcasters who appealed from an Order of the New York Federal District Court denying their request for a preliminary injunction against Defendant Aereo, Inc. (“Aereo”) for copyright infringement claiming that its transmission of their broadcasts, while their programs are still airing, infringes upon their exclusive right to … More Broadcasters Lose Their Copyright Infringement Appeal

Digital Content Not Subject to First Sale Doctrine

The Federal District Court in New York has ruled that the resale of digital music infringed the copyrights held by the music rights-holders’ in Capitol Records LLC v. ReDigi Inc, U.S. District Court, Southern District of New York, No. 12-00095. The Defendant ReDigi provided a service allowing purchasers of songs from iTunes to upload their … More Digital Content Not Subject to First Sale Doctrine